Labor on attack over Slipper

The Gillard government threatened an inquiry into the
Peter Slipper
affair after the Federal Court ­dismissed the sexual harassment claims against the former speaker as a politically motivated attempt to damage him and, by extension, the government.

Labor seized on the scathing judgment to demand the opposition “come clean’’ on the extent of its involvement. It also demanded former Howard government minister
Mal Brough
be dropped as the Liberal-National Party candidate for Mr Slipper’s Sunshine Coast seat of Fisher.

Mr Brough was named as a co-conspirator in the judgment by ­Justice Steven Rares, in which he upheld Mr Slipper’s claim of an abuse of process.

At the same time, the government is under pressure to explain why it withdrew its own abuse of process case in September and settled with Mr Slipper’s accuser, former press secretary James Ashby, for $50,000. The settlement cost the government about another $500,000 in costs it would have been entitled to claim from Mr Ashby, who was ordered to pay Mr Slipper’s costs.

Attorney-General
Nicola Roxon
stood by the decision to settle. She said the government was a defendant and was expected to bring the case to an end to minimise the cost to taxpayers.

“You don’t normally get the benefit of hindsight when you settle a matter,’’ she said.

Mr Slipper, who will not return as speaker, said he was pleased and vindicated. He must still await the outcome of an inquiry by the Commonwealth Director of Public Prosecutions into criminal allegations he misused taxpayer-funded Cabcharges.

Case was a Political attack

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In his judgment on the civil claims of sexual harassment, Justice Rares said: “I have reached the firm conclusion that Mr Ashby’s predominant purpose for bringing these proceedings was to pursue a political attack against Mr Slipper and not to vindicate any legal claim he may have."

He said Mr Ashby, along with his former colleague Karen Doane, his lawyer Michael Harmer, and Mr Slipper’s political rival Mr Brough, engaged in a campaign to harm Mr Slipper and bring down the government.

“Mr Ashby acted in combination with Ms Doane and Mr Brough when commencing the proceedings in order to advance the interests of the LNP and Mr Brough," the judge said.

“A party cannot be allowed to ­mislead the court’s process by including scandalous and damaging allegations knowing they would receive very significant media coverage.’’

He said the case was an “exceptional situation that enlivens the court’s power to dismiss proceedings as an abuse has been proved to the heavy standard required".

“To allow these proceedings to remain in court would bring the administration of justice into dis­repute among right-thinking people and would be manifestly unfair to Mr Slipper."

Mr Harmer himself shook his head. He later said in a statement he was shocked and disappointed.

Mr Harmer and Mr Ashby vowed to appeal.

Scathing of Harmer’s litigation strategy

Justice Rares was scathing of Mr Harmer’s litigation strategy. He said allegations relating to the Cabcharge claims and an incident in 2003 involving a former adviser had “no legitimate forensic purpose" and should not have been included.

“Mr Harmer breached his professional obligation not to misuse his privilege to make allegations under absolute privilege in court documents," the judge said.

In the eight months since Mr Ashby lodged his claim, there have been reports of informal contact between Mr Ashby and some senior members of the Coalition, including
Christopher Pyne
.

When the allegations were revealed in April, Opposition Leader
Tony Abbott
quickly issued a statement and held a press conference. He has never denied knowing the case was about to be lodged, saying only that he had “no specific knowledge’’.

Labor, which has been under pressure over Prime Minister
Julia Gillard
’s actions as a lawyer 20 years ago, took the opportunity to turn the tables on the opposition.

Labor frontbencher and lawyer
Mark Dreyfus
said Mr Abbott and his team must detail what they knew about “an attempt to overthrow the government by sinister and anti-democratic means’’.

Labor considering an inquiry

He said an inquiry was one option being considered. He and Ms Roxon said Mr Brough’s candidacy was untenable and he should be dropped.

Mr Brough had frequent contact with Mr Ashby and Ms Doane as the case against Mr Slipper was formulated. The acting president of the Liberal National Party, Gary Spence, dismissed revisiting Mr Brough’s selection and said risque text messages that Mr Slipper had sent Mr Ashby, which were exposed during court proceedings, showed Mr Slipper was unfit to stay in politics.

Mr Brough insisted he had acted appropriately and said the court judgment “changes nothing in relation to Mr Slipper’s vile text messages’’.

Trade Minister
Craig Emerson
said the whole affair was a scandal designed to collapse the government, and that the opposition had to come out of hiding and explain itself.

Mr Slipper was forced to resign as speaker in October when the texts were published. Ms Roxon said he would not be making a comeback.

Mr Ashby was aggrieved. “There has been a determined campaign to try and prevent the substantive allegations being heard and judged in open court and to put me to the maximum cost in pursuing justice," he said.